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Text: SSB00182 Text: SSB00184 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 368.7, subsection 2, Code 1997, is
1 2 amended to read as follows:
1 3 2. An application for annexation of territory not within
1 4 an urbanized area of a city other than the city to which the
1 5 annexation is directed must be approved by resolution of the
1 6 council which receives the application. Notice of the
1 7 application shall be mailed by certified mail, by the city to
1 8 which the annexation is directed, to the board of supervisors
1 9 of each county which contains a part of the territory at least
1 10 ten days before any action is taken by the city council.
1 11 Notice of the application shall be published by the city in an
1 12 official county newspaper in each county which contains a part
1 13 of the territory at least ten days before any action is taken
1 14 by the city council on the application. In the discretion of
1 15 a city council, the resolution may include a provision for a
1 16 transition for the imposition of taxes as provided in section
1 17 368.11, subsection 13. Upon receiving approval of the
1 18 council, the city clerk shall file a copy of the resolution,
1 19 map, and legal description of the territory involved with the
1 20 secretary of state, county board of supervisors, each affected
1 21 public utility, and the state department of transportation.
1 22 The city clerk shall also record a copy of the legal
1 23 description, map, and resolution with the county recorder.
1 24 The secretary of state shall not accept and acknowledge a copy
1 25 of a legal description, map, and resolution of annexation
1 26 which would create an island. The annexation is completed
1 27 upon acknowledgment by the secretary of state that the
1 28 secretary of state has received the legal description, map,
1 29 and resolution.
1 30 Sec. 2. NEW SECTION. 368.23A ANNEXATION RECORDED –
1 31 TAXATION.
1 32 If the annexation of territory by a city is not recorded
1 33 with the secretary of state by December 1, the taxable value
1 34 of property within the territory shall not be subject to ad
1 35 valorem taxation by the city for the fiscal year beginning on
2 1 the succeeding July 1.
2 2 Sec. 3. NEW SECTION. 368.25 ANNEXATION OF COUNTY
2 3 FACILITIES.
2 4 A county shall be fairly compensated for facilities lost to
2 5 annexation. A city council and the board of supervisors may
2 6 agree to terms which provide that the county is reimbursed for
2 7 facilities constructed by the county which are annexed into
2 8 the city. If agreement is not reached within ninety days, the
2 9 issues may be submitted to arbitration. If submitted, an
2 10 arbitrator shall be selected by a committee which includes one
2 11 member of the board of supervisors or the board's designee,
2 12 one member of the city council or the council's designee, and
2 13 a disinterested party selected by the other two members of the
2 14 committee. A list of qualified arbitrators may be obtained
2 15 from the American arbitration association or other recognized
2 16 arbitration organization or association.
2 17 Sec. 4. Section 25B.2, subsection 3, Code 1997, shall not
2 18 apply to this Act.
2 19 EXPLANATION
2 20 This bill provides that a city must give at least 10 days'
2 21 notice to the board of supervisors of each county having
2 22 territory within a proposed voluntary annexation, which is not
2 23 within an urbanized area, before action by the city council is
2 24 taken. The proposed annexation application shall also be
2 25 published in an official county newspaper at least 10 days
2 26 before city council action on the application. The bill also
2 27 requires that an annexation be recorded with the secretary of
2 28 state by December 1 if the city wants to include the taxable
2 29 assessed valuation with the annexed territory on the city tax
2 30 rolls for the fiscal year beginning on the succeeding July 1.
2 31 The bill provides that a county shall be reimbursed for the
2 32 loss of county facilities resulting from an annexation.
2 33 Procedures are included to arrive at a reimbursement agreement
2 34 between a city and the affected county, including arbitration
2 35 procedures.
3 1 This bill may include a state mandate as defined in Code
3 2 chapter 25B. Section 25B.2, subsection 3, does not apply to
3 3 this bill.
3 4 LSB 1808SC 77
3 5 tj/jw/5
Text: SSB00182 Text: SSB00184 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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Last update: Wed Feb 26 03:41:17 CST 1997
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